ESBA President Tina Sommer gives small business perspective at Trier conference.
February 10 2012
On 9-10 February 2012, ESBA President Tina Sommer provided the ERA conference on European Sales Law (CESL) with a small business perspective on the proposal, which is currently in development at EU level.
The issue of whether or not a new proposal on European Sales Law is necessary and whether it will increase legal certainty or rather cause more confusion is still heavily debated between both camps. Arguments were made that Rome I is less of an obstacle to business than is often claimed and that the new Consumer Rights Directive harmonizes consumer law to such a degree that CESL is not needed. Rapporteur Diana Wallis however called the idea 'exciting and smart'. Although Dirk Staudenmayer, Commission Head of Unit responsible for the proposal, was able to take away a lot of confusion during the conference, much remains unclear. A representative of the Danish Presidency advised to take the time to consider the proposal and potential confusion for businesses and consumers.
ESBA President Tina Sommer said: ''The proposal has a lot of potential and, if executed correctly, could alleviate the legal uncertainly which is currently keeping many small businesses from reaping the full benefits from cross-border trade. I have to agree with Rapporteur Diana Wallis that the principle idea behind this proposal is good. Having said that, this proposal is far from being finalised and clarification is still needed on many fronts.''
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